Sentences with phrase «english jurisdiction clause»

ZH 1006 (2012): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.

It was manifestly incompatible for a dispute falling within a non exclusive New York jurisdiction clause also to be the subject of an exclusive English jurisdiction clause.

On that basis the court concluded that the exclusive English jurisdiction clause was insufficiently wide to cover the dispute between the parties.

Incorporation of dispute resolution provisions by reference — whether reference to a «law and arbitration» clause is sufficient to incorporate an English jurisdiction clause — scope of prior decision in The Merak - grant of contractual anti suit injunction to restrain foreign proceedings.

Bankhaus Wolbern & Co (AG & Co KG)(2) Vision 93 Konserveirungs Und Vermogensverwaltun GS GMBH & Co KG v China Construction Bank Corporation, Zhejiang Branch [2012] EWHC 3285 (Comm): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.

The Supreme Court has handed down its Judgment in the appeal on AMTF v. Marzillier [2017] UKSC 13, ruling that English courts do not have jurisdiction over an inducement to breach an exclusive English jurisdiction clause.

The claimant, referring to Art 23 of the Regulation, contended that the parties» contract included the terms of the pro-forma TOWHIRE form which contained an English jurisdiction clause.

In this scenario, it will be all the more important for Claimants seeking to rely on an English jurisdiction clause to commence proceedings without delay, and thereby pre-empt any attempt by one's opponent to obstruct the claim.

Another area of uncertainty concerns the impact on English jurisdiction clauses, and whether these will operate as intended, post-Brexit.

Whilst it seems likely that the Courts of many EU Member States would generally continue to recognise English jurisdiction clauses, in the absence of a unifying instrument the approaches taken by different EU Member States would almost inevitably be different and quite probably inconsistent.

It is worth considering incorporating English jurisdiction clauses in agreements relating to international transactions.

The insurers and their servants and agents successfully sought relief to enforce the settlement and the English jurisdiction clauses in the settlement and in the insurance policy in both the original English action and in fresh proceedings.

This would allow VTB to rely on the English jurisdiction clauses in the loan documents, reinforcing its jurisdiction argument.

Some of the agreements were governed by English law and contained exclusive English jurisdiction clauses.

Not exact matches

He ruled that the agreement's English governing law and exclusive jurisdiction clause was sacrosanct.

In a scenario which played itself out in various European capitals the measures imposed by the Icelandic government in order to prop up its banking system potentially undermined the agreement's exclusive jurisdiction clause in favour of the English High Court as well as its governing English law provision.

In that case the exclusive English High Court jurisdiction and English governing law clauses were contained in a share sale agreement which was the subject of High Court proceedings against the German defendant.

It is therefore clear on the case law that a jurisdiction clause in a premarital agreement could be an important and persuasive factor for an English court when considering the appropriate forum for divorce proceedings where the alternative jurisdiction is a non-EU country.

(5) Where a municipality referred to in subsection (1) becomes part of the area of jurisdiction of an English - language public district school board, the municipal council shall pay over to the English - language public district school board the money that is held by the municipality and the money shall be used as set out in clause (4)(b).

They were governed by ISDA master agreements and contained English law and jurisdiction clauses.

(d) in all cases other than those referred to in clauses (a), (b) and (c), is entitled to attend a school that is operated by an English - language public district school board that has jurisdiction in the prescribed municipality.

Where proceedings are brought pursuant to an English exclusive jurisdiction clause, the clause has mandatory effect, and the court is deprived of its common law discretion to stay proceedings in favour of another jurisdiction on classic forum non conveniens grounds.

If it were otherwise it would appear to follow that a defendant who had at least as good a chance of showing that he did not agree to litigate in England as the claimant had of showing that he did, would be likely to find himself compelled to litigate in England, on the footing that, once a good arguable case was made out in favour of an English exclusive jurisdiction clause, discretionary considerations would be unlikely to call for the case to be decided elsewhere.

Expert on English arbitration law; recent cases include Lisnave v CST (Commercial Court, 2013: whether an arbitration clause to be implied); BAIC v Matelec (Commercial Court, 2013: whether ARIAS arbitration clause prevailed over Kenyan jurisdiction clause).

If jurisdiction clauses designating the English courts are not effectively respected in the EU, this will make such clauses considerably less popular.»

In this issue: Competing jurisdiction clauses and the «one stop adjudication» presumption; Arbitration agreements and determining the choice of law: a recent English case; How to freeze a Swiss bank account; Conferences and events

The contracts contained English law and / or jurisdiction clauses.

UBS contended that the English exclusive jurisdiction clause should be construed widely, with a presumption that disputes would be heard by the same tribunal.

Claimant argues that the Court has jurisdiction pursuant to Article 25 Brussels I Recast because the relevant contract contains an English exclusive jurisdiction clause and further contends that the relevant contract was concluded by AMS Mexico and / or AMS on behalf of AT1 and Ezion as undisclosed principals and that, as undisclosed principals, the contract — together with the jurisdiction agreement — was binding on AT1 and Ezion.